U.S. Dept. of Justice

On November 8, 2016 Maine voters approved Question 1 and joined eight other states to have legalized the recreational use, retail sale and taxation of marijuana, also referred to as adult use marijuana. Following a recount and certification of election results the law was enacted as IB 2015, c. 5, “An Act to Legalize Marijuana”, and codified at the statutory citations listed in the Implementation section to the left.

As with alcohol sales, municipalities can vote on whether or not to be a “dry town” regarding marijuana retail establishments and social clubs. Marijuana is still illegal at the federal level.

On January 27, 2017 the legislature approved a moratorium on implementing parts of the law regarding retail sales and taxation until at least February 2018, giving time to resolve issues and promulgate rules. The portion of the law that allows persons over 21 years to grow six mature plants and possess 2.5 ounces became effective on January 30, 2017. A 17-member special legislative committee, co-chaired by Sen. Roger Katz and Rep. Teresa Pierce, has been formed to address the complex issues surrounding full implementation of the law. Legislation, testimony, and up to date information can be found on the Marijuana Legalization Committee's webpages linked at left. Also on January 30, 2017, Governor LePage issued Executive Order 2017-002 relating to rulemaking as it related to the moratorium.

On May 2, 2018, the Legislature overrode the Governor's veto of LD 1719, An Act to Implement a Regulatory Structure for Adult Use Marijuana. As the title indicates, and according to the bill summary, the law will facilitate "the development and administration of a regulated marketplace in the State for adult use marijuana and the regulation of the personal use of marijuana and the home cultivation of marijuana for personal adult use pursuant to the Marijuana Legalization Act." LD 1719 was enacted as P.L. 2017, ch. 409. Information about the bill can be found here. P.L. 2017, ch. 409 took effect on 5/2/2018 upon override of the Governor's veto.

As stated in the preamble of P.L. 2017, ch. 409, "to facilitate the timely implementation of a retail marketplace in the State for adult use marijuana and adult use marijuana products, the agencies charged by law with the implementation, administration and enforcement of the Marijuana Legalization Act must adopt rules in accordance with that Act and the Legislature must review those rules in accordance with the Maine Administrative Procedure Act as soon as is practicable." A spokesman for the Maine Department of Administrative and Financial Services was quoted in a 5/2/2018 Bangor Daily News article as saying that the rulemaking process would take "no less than nine months" at which time the 129th Legislature would then have to approve them.

U.S. Dept. of Justice

On November 8, 2016 Maine voters approved Question 1 and joined eight other states to have legalized the recreational use, retail sale and taxation of marijuana, also referred to as adult use marijuana. Following a recount and certification of election results the law was enacted as IB 2015, c. 5, “An Act to Legalize Marijuana”, and codified at the statutory citations listed in the Implementation section to the left.

As with alcohol sales, municipalities can vote on whether or not to be a “dry town” regarding marijuana retail establishments and social clubs. Marijuana is still illegal at the federal level.

On January 27, 2017 the legislature approved a moratorium on implementing parts of the law regarding retail sales and taxation until at least February 2018, giving time to resolve issues and promulgate rules. The portion of the law that allows persons over 21 years to grow six mature plants and possess 2.5 ounces became effective on January 30, 2017. A 17-member special legislative committee, co-chaired by Sen. Roger Katz and Rep. Teresa Pierce, has been formed to address the complex issues surrounding full implementation of the law. Legislation, testimony, and up to date information can be found on the Marijuana Legalization Committee's webpages linked at left. Also on January 30, 2017, Governor LePage issued Executive Order 2017-002 relating to rulemaking as it related to the moratorium.

On May 2, 2018, the Legislature overrode the Governor's veto of LD 1719, An Act to Implement a Regulatory Structure for Adult Use Marijuana. As the title indicates, and according to the bill summary, the law will facilitate "the development and administration of a regulated marketplace in the State for adult use marijuana and the regulation of the personal use of marijuana and the home cultivation of marijuana for personal adult use pursuant to the Marijuana Legalization Act." LD 1719 was enacted as P.L. 2017, ch. 409. Information about the bill can be found here. P.L. 2017, ch. 409 took effect on 5/2/2018 upon override of the Governor's veto.

As stated in the preamble of P.L. 2017, ch. 409, "to facilitate the timely implementation of a retail marketplace in the State for adult use marijuana and adult use marijuana products, the agencies charged by law with the implementation, administration and enforcement of the Marijuana Legalization Act must adopt rules in accordance with that Act and the Legislature must review those rules in accordance with the Maine Administrative Procedure Act as soon as is practicable." A spokesman for the Maine Department of Administrative and Financial Services was quoted in a 5/2/2018 Bangor Daily News article as saying that the rulemaking process would take "no less than nine months" at which time the 129th Legislature would then have to approve them.